Couple settles action against HSE over death of newborn

Updated / Tuesday, 20 Oct 2026 21:11

A couple whose baby boy died two days after he was born at Cork University Maternity Hospital has settled a High Court action against the HSE over his death.

Baby George Duggan from Sweeney's Hill, Rathpeacon, Co Cork, died on 21 December 2022 and his funeral was held on Christmas Eve.

Today, his parents Áine and John Duggan attended the Four Courts for a ruling of the settlement of their case over the death of their firstborn.

In court their counsel Patrick Treacy SC, instructed by Cian O'Carroll solicitors, said the core of the case was the failure to review and assess Ms Duggan during an 11-day window, and the obstetric management of Ms Duggan and her son George during that period, up to 19 December 2022.

It was their case that if there had been proper and continual assessment after a review on 8 December and before 19 December when Ms Duggan’s waters broke, a caesarean section would have been performed and George would have been better placed and would have survived.

Mr Treacy said George was delivered by emergency caesarean section on 19 December at 29 weeks and three days, but he said the baby suffered bruising and a subgaleal haemorrhage.

In the proceedings it was claimed that there was an alleged failure to deliver the baby by expedited caesarean section prior to Ms Duggan’s waters breaking on 19 December 2022.

It was further claimed had proper investigation or surveillance been carried out in an appropriate or timely manner following the 8 December review, the mother’s worsening placental function would have been identified and she would have been admitted to hospital.

Counsel read a letter signed by the clinical director of CUMH Ireland South Women & Infants Directorate, Dr Mairead O'Riordan, which said the hospital offered "heartfelt sympathies and deepest condolences to you on the loss of your baby George".

It added: "We do not underestimate how traumatic this has been for you and your family but please be assured the maternity practices within the hospital are continuously reviewed and strengthened with the ongoing commitment to ensuring the safety and well-being of all patients in our care."

The HSE has admitted it breached its duty of care in not performing more frequent foetal monitoring following the 8 December review. However the HSE denied it caused the death of George.

Noting the settlement and the division of a statutory €35,000 mental distress payment, Mr Justice Paul Coffey conveyed his deepest sympathy to the Duggans.

In a statement outside court, Áine Duggan said their lives changed forever when they lost George.

"On Christmas Eve, a day usually associated with magic and joy, we said our final goodbyes to George and buried him in his little white coffin. It was a day filled with the deepest grief," she said.

She said the last four years "have been incredibly painful" and having "to revisit the worst time of our lives through this legal process has added another layer to that pain".

She added: "His little bother Charlie will grow up without his big brother and we will never get to watch them play together or see their bond develop. We carry the grief of losing George ever day along with the sadness of all the moments and milestones that should have been his."